Volume 73, Appendix 38 View pdf image (33K) |
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of the dominions of his majesty the king of England, at the time of the ensealing of such writing or writings indented, so that the same cannot be acknowledged in manner and form as is before directed, or enrolled within the time for that purpose herein before limited; that, in every such case, the acknowledgment of such writing or writings, before the chief governor or governors, of any of his said majesty's plantations, or before the mayor, or chief magistrate of any city, or town-corporate, within his said majesty's dominions, and a certificate thereof under the hand and seal of such chief governor or governors, or under the common seal of such city, or town-corporate, annexed and affixed unto such writing indented, the enrolment of such writing, together with such certificate in the provincial court before mentioned, within two years next after the date of the said writing indented, shall be a sufficient acknowledgment and enrolment in the law, to all intents and purposes, and as effectual and available for the passing and conveying of the manors, lordships, lands, tenements and hereditaments thereby intended to be passed or conveyed, as if the same had been acknowledged in this province, and enrolled according to the intent and directions of this act; any thing herein before contained to the contrary hereof notwithstanding. IV. And be it further enacted by the authority aforesaid, by and with the advice and consent aforesaid, That every such writing indented, to be acknowledged and enrolled as aforesaid, shall have relation, as to the passing and conveying of the premises, and the estate and estates thereby intended to be passed and conveyed, only from the day of the enrolment of the same, and not from the day of the date thereof: And shall, at all times be construed and taken most favourably and beneficially for the benefit and advantage of the grantee aud grantees, and more strongly for the barring of the grantor or grantors therein to be named; and according to such intent as by the words thereof, shall appear to have been the true intendment of the parties thereunto, albeit the same shall not happen to be drawn and penned in such strict formal manner as is used in England, and in other countries, where the advice of council, learned in the laws of the country, may be easily had, in the drawing and penning of instruments of the like nature. V. Provided always, That where any married woman, or femme covert shall happen to be named a party, grantor in any such writing indented, the same shall not be of force to debar her, or her heirs, except (upon her acknowledgment of the same) the person or persons taking such her acknowledgment, shall examine her privately and secretly, out of the hearing of her husband, " Whether she do make such |
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Volume 73, Appendix 38 View pdf image (33K) |
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